New Zealand Legislation: Acts
Acts are laws made by Parliament
(1) Any land which is transferred, free from any registered mortgage, charge, lease, or sublease, to all the registered proprietors of all the units shown on a unit plan, whether by name or general description, may be included in the subdivision to which the unit plan relates as part of the common property if the transfer contains or has endorsed thereon or annexed thereto a request by the body corporate that purports to be given pursuant to a unanimous resolution of the body corporate, or a request by the transferees, to the Registrar so to do, and—
(a) In a case where a stratum estate in freehold exists in the units shown on the plan, the transfer is of an estate in fee simple in the land to which it relates; or
(b) In a case where a stratum estate in leasehold exists in the units shown on the plan, the transfer is of an estate as lessee or licensee in the land to which it relates under a lease or licence from the grantor of the lease or licence of the land already included in the subdivision, being a lease or licence for the same remaining period, on the same terms and conditions, and containing the same provisions as the current lease or licence of the land already included in the subdivision.
(2) A unit (together with the undivided share in common property of the proprietor of that unit) which is transferred, free from any registered mortgage, charge, lease, or sublease, to the proprietors of the other units shown on a unit plan, whether by name or general description, may be included in the subdivision as part of the common property if the transfer contains a request by the body corporate that purports to be given pursuant to a unanimous resolution of the body corporate, or a request by the transferees to the Registrar so to do.
(3) Every transfer to which subsection (1) or subsection (2) of this section relates shall, when lodged for registration, be accompanied by a new unit plan, which shall be in substitution for and shall be deposited under the same number as the existing unit plan, and shall show the effect of the transfer to the satisfaction of the Registrar, and shall have endorsed thereon in accordance with regulations made under the Survey Act 1986 a full amended schedule of unit entitlements.
(4) The registration of any such transfer containing a request referred to in subsection (1) or subsection (2) of this section shall have the effect of including the transferred land or unit as part of the common property. The undivided share of the proprietor of each other unit in the land or units so included as part of the common property shall be held by him subject to the same terms, conditions, liabilities, and encumbrances as those on and subject to which he held the unit immediately before the registration of the transfer, and subject in all respects to any instrument of mortgage, charge, lease, or sublease then affecting his unit as if the transferred land had been included in the instrument expressly.
(5) The Registrar shall register any such transfer by—
(a) Entering a memorial of the transfer on the relevant certificate of title in accordance with section 92 of the Land Transfer Act 1952, which shall apply accordingly; and
(b) Entering on the new unit plan and on the supplementary record sheet an appropriate memorial relating to the transfer; and
(c) Entering on the new unit plan a memorial of any easement that is appurtenant to the land shown on that plan or to which that land is subject; and
(d) Where the transfer is of a unit shown on the existing plan, recording on that plan that the unit entitlement of that unit has been cancelled and that the aggregate unit entitlement shown on the plan has been reduced by the amount of the unit entitlement of that unit.
(6) Nothing in this section shall restrict section 20 of this Act.
Compare: Victoria Act, s 13(6)-(9)
Subsection (3) was amended, as from 1 April 1987, by section 81(3) Survey Act 1986 (1986 No 123) by substituting the words “Survey Act 1986”
for the words “Surveyors Act 1966”
.
Subsection (5)(d) was amended, as from 2 November 1979, by section 19 Unit Titles Amendment Act 1979 (1979 No 37) by omitting the words “the new unit”
and substituting the word “that”
.